Expenses of Jailing a Child Are Dischargeable, Ninth Circuit Holds
Ninth Circuit employs a bankruptcy case to criticize local governments for ‘self-generated revenue.’
Judge Name - Do not use it.
Stephen Reinhardt
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Involuntary Servitude Claim Raised in Involuntary Chapter 11
Did Congress make another constitutional mistake in BAPCPA?
Judge Name - Do not use it.
Thomas S. Zilly
Congress Did Not Abrogate Absolute Priority for Individuals, Five Circuits Now Hold
Sloppy drafting in BAPCPA puts individuals at the mercy of dominant creditors in chapter 11.
Judge Name - Do not use it.
Andrew D. Hurwitz
Fourth Circuit Fixes One Issue of Tax Lien Subordination under BAPCPA
Fourth Circuit cleans up one mess Congress made with BAPCPA.
Judge Name - Do not use it.
Pamela Harris
BAPCPA at 10: Was It Good or Bad?
By Ed Flynn, ABI
Most commentators would agree that BAPCPA has reduced filings, although there is no consensus on the number or whether this has even been a good or bad development. BAPCPA’s opponents cite this as evidence that the legislation took away bankruptcy protection for millions of Americans, who remain in indentured servitude to their creditors. Its supporters cite this as evidence that BAPCPA is working. Looking at the various BAPCPA provisions, I do not see evidence of new restrictions that prevent access to bankruptcy by deserving debtors. Read more.
This is the final installment of Ed Flynn’s “BAPCPA at 10” retrospective that was special to the ABI Headlines this week. His previous commentaries can be found by clicking here.
For additional expert perspectives on bankruptcy trends that have emerged for both consumers and businesses, be sure to listen to ABI's "BAPCPA at 10" media webinars by clicking here.
BAPCPA at 10: Other Consumer Provisions
By Ed Flynn, ABI
In addition to the chapter 7 means test, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) contained a number of other provisions that affected consumer debtors. In today’s column, the impact of some of these provisions will be explored. Read more.
BAPCPA at 10: The Means Test
By Ed Flynn, ABI
The most prominent aspect of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) was the means test. Debtors who could not pass this two-prong test of income and allowable expenses are supposed to repay some or all of their debts in a chapter 13 plan. In the six-month period between the enactment and effective dates of BAPCPA, there was a great deal of media coverage that complained about how restrictive the means test would be. The available data indicates that this has largely turned out to be inaccurate. Read more.
BAPCPA at 10: Filing Trends Since Implementation
By Ed Flynn, ABI
While bankruptcy filings soared prior to the Oct. 17, 2005, the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). filings slowed to a trickle immediately afterward. Between Oct. 17 and Dec. 31, 2005 only about 40,000 bankruptcy cases were filed — less than 2 percent of the annual total.
In 2006, filings were down 70 percent from 2005, and were only about 40 percent of the annual average from 2000-04. Between 2006-10, filings nationwide increased by 158 percent, returning to pre-BAPCPA levels in many states. This has been followed by five years of declining filings. In 2015, total filings will be barely one-half of 2010 levels. Read more.
For further perspectives on bankruptcy filing trends for both consumers and businesses, be sure to listen to ABI’s “BAPCPA at 10” media webinars.
BAPCPA at 10: Pre-BAPCPA Surge in Filings
In recognition of BAPCPA’s 10th anniversary, ABI’s Ed Flynn is providing a short analysis each day this week looking at the impact of the law on bankruptcy filings and practice. Today’s article explores the surge in case filings that occurred prior to BAPCPA’s effective date. Click here to read the full article.
